Slip opinions decided 1993 — Ohio Public Domain Citations

Taxation - Allocation of local government fund - County's Miscellaneous Construction Funds account part of general fund balance to be deducted from expenditures in determining allocation .

Taxation - Exemption - R.C. 5715.27 - Printing plant used for printing church offering envelopes not exempt from taxation, when.

Taxation - Franchise tax - Amount of tax due on net worth basis determined, how - Application of business-done factor in determining net worth base.

Taxation - Franchise tax - Board of Tax Appeals decision affirming Tax Commissioner's order that increases corporation's value, under the net-worth basis of the franchise tax, of the shares of stock the corporation held in a subsidiary reversed, when.

Attorneys at law - Misconduct - Six-month suspension - Neglect of entrusted legal matters.

Mandamus not a substitute for appeal.

Appellate procedure - Appellate court must not substitute its judgment for that of the trial court where there exists some competent and credible evidence supporting the findings of fact and conclusions of law rendered by the trial court.

Attorneys at law - Misconduct - Public reprimand - Conduct adversely reflecting on fitness to practice law - Threatening criminal prosecution solely to obtain an advantage in a civil matter - Retroactively filing certificates of registration.

Torts - Products liability - Manufacturer under no obligation to indemnity distributor for attorney fees and costs, when.

Torts - Products liability - Motion for summary judgment in products liability case involving custom-built refrigerated truck improperly granted, when.

Administrative procedure - Procedure for adoption, amendment or rescission of rules - R.C. 119.03(E), applied.

Administrative procedure - Workers' compensation - Suspension issued pursuant to R.C. 4121.44(R) not subject to judicial review under R.C. Chapter 119.

Appeal dismissed when issue presented is moot - Enactment of Civ.R. 34(D) moots issue, when.

Writ of mandamus granted to compel county board of commissioners to appropriate funds requested by juvenile court for its 1989 operating budget - Determining compliance.

Horse racing - R.C. Chapter 3769 and its accompanying regulations do not abolish common-law right of proprietors to exclude individuals form their property.

Workers' compensation - Application for permanent total disability compensation - Mere presence of nonallowed disabling conditions does not automatically foreclose a finding of permanent total disability.

Attorneys at law - Misconduct - Reciprocal discipline for violations of disciplinary rules in Colorado - Restitution required.

Elections - Mandamus to compel board of elections to place name on ballot as candidate for mayor of village - Residency requirements - R.C. 733.24 and 3503.02 - Writ denied, when .

Taxation - Sales tax - Assessments - Test check, if properly conducted and applied, can form the basis for a sales tax assessment - R.C. 5739.10.

Criminal law - Aggravated murder - Death penalty upheld, when.

Workers' compensation - - Finding of permanent total disability requires that claimant prove that inability to perform sustained remunerative employment arises exclusively from claim's allowed conditions .

On affidavit of resignation - Resignation accepted.

Savings and loan associations - Section 212(d) of Financial Institutions Reform, Recovery, and Enforcement Act of 1989 does not vest federal courts with exclusive [jurisdiction] - Former Sections 1821, 1441a and 1819, Title 12, U.S.Code, construed.

Organized militia - R.C. 5933.05(A)(1), construed - Employee entitled to receive thirty-one days of compensation for the calendar year in which military leave of absence is taken, but not for subsequent years of a multi-year leave of absence.

Workers' compensation - Application for permanent total disability compensation - Denial not an abuse of discretion when commission's decision supported by "some evidence."

Public records—R.C. 149.43—Trial judge's personal handwritten notes made during the course of a trial are not public records.

On Application for Reinstatement

On motion for reconsideration - Motion denied.

Mandamus is not a substitute for appeal.

Prohibition to prevent board of elections from placing proposed amendment to city charter on ballot at a special elections - Writ denied and motion for summary judgment granted, when.

Attorneys at law - Misconduct - Indefinite suspension - Conviction for drug abuse and theft in office while an assistant prosecuting attorney.

Evidence - Child statements in abuse cases - Evid.R. 807 accords the right of confrontation guaranteed by both the Ohio and United States Constitutions .

Attorneys at law - Misconduct - Indefinite suspension - Suspension to commence from August 1, 1990, the date of a previous indefinite suspension - Neglect of an entrusted legal matter .

Pleadings - R.C. 2309.01 is in conflict with Civ.R. 8(A) and is invalid and of no force and effect - Ohio Rules of Civil Procedure control over subsequently enacted inconsistent statutes purporting to govern procedural matters.

Attorneys at law - Misconduct - Public reprimand - Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation - Neglect of an entrusted legal matter.

Negligence - Torts - Automobile accident - When accord and satisfaction is pled by defendant as an affirmative defense, court's analysis must be divided into three distinct inquiries .

Jury instructions - Use of OJI foreseeability instruction in murder cases - Appellate procedure - Supreme Court jurisdiction - Certified conflict case - Dismissal of appeal when no conflict exists.

Landlords and tenants - Security deposits - Double damages may be recovered under R.C. 5321.16(C) in actions in small claims courts.

Taxation - Real property valuation - Adoption of board of education appraiser's valuation by Board of Tax Appeals neither unreasonable nor unlawful, when - R.C. 5715.19(G), applied.

Workers' compensation - Commission under R.C. 4123.52 is vested with continuing jurisdiction to revisit a case and make later awards of temporary total disability compensation where circumstances warrant.

Workers' compensation - Commission abuses its discretion when it orders surgical payment after claimant failed to secure commission's pre-approval for the surgery - Former R.C. 4121.44, applied.

Workers' compensation—Application for permanent disability compensation—Claimant alleges omission of "dysthymic disorder" from enumerated conditions in denial of application constitutes an abuse of discretion by commission—Commission's denial of application not an abuse of discretion, when.

Taxation - Personal property - Taxpayer may amend its return and then contest Tax Commissioner's refusal to value the property according to the amendment.

Criminal procedure - Criminal offense charged arises from conduct that encompasses both a constitutionally protected act and an act that is not constitutionally protected - Trial - Instructions by court .

Criminal procedure - Decision of trial court denying motion to dismiss on ground of double jeopardy is not a final appealable order - Proper remedy for seeking judicial review is a direct appeal to court of appeals .

Motor vehicles—Streets and highways—Traffic laws—R.C. 4511.07 is not an express grant of authority to a board of county commissioners to regulate traffic.

Habeas corpus not available to review irregularities of nonjurisdictional nature.

Appeal dismissed as improvidently allowed.

Domestic relations -Amount of child support - Self-employed parent's purchase of a capital asset in any given year constitutes a "necessary and ordinary expense" that should be deducted from gross receipts for purpose of calculating child support .

Attorneys at law - Misconduct - Two-year suspension with second year stayed accompanied by monitored probation - Neglect of a legal matter - Commingling of funds .

On Application for Reinstatement.

Habeas corpus not available when adequate remedy at law exists - Order revoking probation and imposing sentence is a final, appealable order from which an appeal is routinely taken.

Habeas corpus not proper remedy to address every concern prisoners have about their legal rights or status.

Public Utilities Commission - Conversion of nuclear power plant to coal-fired facility - Application for rate increase - Commission without statutory authority to phase in gross annual revenue increase .

Public Utilities Commission - Conversion of nuclear power plant to coal-fired facility - Application for rate increase - Review of commission order by Supreme Court governed by R.C. 4903.13.

Prohibition—Request for writ prohibiting judge from proceeding with a show cause hearing to find relator in contempt of court—Complaint dismissed, when.

Mandamus - Denial of writ affirmed.

Mandamus - Denial of writ affirmed.

Taxation - Real property valuation - Board of Tax Appeals must specify reasons for its determination.

Negligence - Natural accumulations of ice and snow on sidewalks - Homeowner has no common-law duty to remove or make less hazardous .

Attorneys at law - Application for admission to the bar - Application disapproved when record manifests a significant deficiency in the honesty, trustworthiness or reliability of the applicant.

Mandamus to compel trial court judge to grant motion for default judgment - Writ denied when trial court has no duty to grant the motion while case is on appeal to the court of appeals.

Insurance - Uninsured motorist coverage - Exclusion that coverage does not apply to use of motor vehicle to carry persons or property for a fee is unenforceable.

Workers' compensation - Review of commission's decision - Lack of evidence supporting denial of temporary total disability benefits cannot automatically translate into "some evidence" supporting an award of such benefits.

Mandamus to compel access to subpoenas issued for grand jury proceedings and to log known as Grand Jury Witness Record Book - Writ denied, when.

Public Utilities Commission - Electric companies - Rate increase - Commission's retention of declining block rate structure and decision to consider the issue again in electric company's next rate case not unreasonable or unlawful, when.

Public Utilities Commission - Conversion of nuclear power plant to coal-fired facility - Application for rate increase - Commission properly rejected equivalent plant standard for valuing rate base, when. .

Public records - Trial preparation and confidential law enforcement investigatory records from murder conviction cases - Exempt from disclosure, when - R.C. 149.43, applied.

Public records - Trial preparation and confidential law enforcement investigatory records from murder conviction cases - Exempt from disclosure, when - R.C. 149.43, applied.

Workers' compensation - Industrial Commission abuses its discretion in awarding continued temporary total compensation when .

Attorneys at law - Misconduct - Six-month suspension stayed with conditions - Neglect of an entrusted legal matter - Failure to carry out a contract of employment .

Attorneys at law - Misconduct - One-year suspension - Handling of an estate in probate court when not competent to handle it - Failure to timely file a federal estate tax return - Failing to file an Ohio Estate Tax Return .

Attorneys at law - Misconduct - Six-month suspension suspended on conditions - Failing to return papers belonging to clients - Neglect of entrusted legal matters - Failing to cooperate with investigation by the bar .

Dismissal of action affirmed.

Attorneys at law - Misconduct - Public reprimand - Neglect of a legal matter - Conduct prejudicial to the administration of justice - Conduct that adversely reflects on one's fitness to practice law .

Attorneys at law - Misconduct - Indefinite suspension - Engaging in illegal conduct involving moral turpitude - Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation - Conviction of grand theft and forgery .

Workers' compensation - Industrial Commission's continuing jurisdiction ceases once a mandamus action has been commenced - Mandamus to compel commission to pay claimant permanent total disability compensation .

Workers' compensation - Commission's order denying permanent total disability compensation qualifies as a brief explanation of the reasoning for the decision, when.

Mandamus - Denial of writ affirmed.

Mandamus - Denial of writ affirmed.

Pleadings - R.C. 2309.01 is in conflict with Civ.R. 8(A) and is invalid and of no force and effect - Ohio Rules of Civil Procedure control over subsequently enacted inconsistent statutes purporting to govern procedural matters.

Workers' compensation - Refund of overcharged premiums limited to the period "twenty-four months immediately prior to the beginning of the current payroll reporting period" - Ohio Adm.Code 4121-7-17(C).

Public Utilities Commission - Telephone companies - Commission's determination denying flat-rate extended area service not unreasonable or unlawful, when.

Workers' compensation - Partial disability compensation - Election of compensation under former R.C. 4123.57 - "Good cause" for changing original election not shown, when.

Mandamus to compel Ohio Adult Parole Authority to grant parole - Motion to dismiss granted, when.

Attorneys at law - Misconduct - Public reprimand - Professional judgment reasonably affected by personal and financial interests.

Attorneys at law - Misconduct - Permanent disbarment - Conviction for failure to report monetary transactions and structuring transactions to evade reporting requirements - Participation in a money-laundering scheme.

Attorneys at law - Misconduct - Permanent disbarment - Conviction for failure to report monetary transactions and structuring transactions to evade reporting requirements.

Mandamus to compel DNA testing of convicted rapist who does not advance any argument or authority for this claimed constitutional right under Due Process and Equal Protection Clauses to such testing - Writ denied, when .

Courts - C.P.Sup.R. 6, construed.

Mandamus - Peremptory writ issued when respondent fails to answer alternative writ - R.C. 2731.10.

Appropriation of underground gas storage easement - Determining measure of just compensation.

Public records - Witness statements from aggravated murder conviction case not exempt as "trial preparation records" under R.C. 149.43.

Mandamus to compel release of public records relating to relator's convictions for kidnapping and aggravated murder - Writ granted when witness statements not exempt as "trial preparation records" under R.C. 149.43(A)(4).

Torts—Defamation—Attorneys at law—Complaint filed with grievance committee of local bar association is part of a judicial proceeding—Statement made in course of attorney disciplinary proceeding enjoys an absolute privilege against a civil action based thereon, when—R.C. 2305.28 does not apply to attorney disciplinary proceedings.

Motor vehicles - Driving while intoxicated - Ohio Adm.Code 3701-53-02(C)(2) does not require a new radio frequency interference survey when the breath-testing device is moved for repairs and is returned to its original testing location.

Dentists - Violations of R.C. 4715.30(A)(2) and 2715.19 - Sub-standard care in violation of R.C. 4715.30(A)(7) not shown, when.

State Employment Relations Board—SERB's conclusion that a proposed bargaining unit was inappropriate is an abuse of discretion, when—Conclusion not supported by any evidence and is arbitrary and capricious.

Zoning - Application for conditional use of property denied - Not a taking under the Fifth or Fourteenth Amendments to the United States Constitution.

Taxation - Sales and use taxes - Items used in manufacturing components at precast concrete plant excepted under R.C. 5739.01(E)(2) only when those items are used to manufacture tangible personal property for sale .

Supreme Court declines to answer certified question of state law, when- Factually specific in nature.

State Employment Relations Board - Unfair labor practice charge - "In part" test used to determine the actual motivation of an employer charged with an unfair labor practice, construed and applied.

Real property—Condominium owners' association may maintain an action against a condominium developer for breach of fiduciary duty, when—R.C. 5311.26 imposes strict liability for condominium developer's failure to disclose to prospective relevant financial information concerning the development purchasers—Corporations—Corporate form may be disregarded and individual shareholders held liable for wrongs committed by the corporation, when.

Civil procedure - For purposes of Civ.R. 54(B) certification, trial judge makes what is essentially a factual determination whether an interlocutory appeal is consistent with the interests of sound judicial administration .

Physicians - State Medical Board - Disciplinary proceeding - When reviewing medical board's order, courts must accord due deference to board's interpretation of technical and ethical requirements of its profession.

Attorneys at law - Misconduct - Suspended six-month suspension - Undignified or discourteous conduct degrading to a tribunal - Conduct adversely reflecting on fitness to practice law.

Attorneys at law - Misconduct - Disbarment - Illegal conduct involving moral turpitude - Dishonesty, fraud, deceit or misrepresentation - Conduct prejudicial to administration of justice .

Attorneys at law - Misconduct - Public reprimand - Engaging in conduct adversely reflecting on one's fitness to practice law - Engaging in undignified or discourteous conduct degrading to a tribunal.

Habeas corpus - Relief denied, when.

Mandamus to compel disclosure of various documents for use in supporting convicted murderer's petition for post-conviction relief - Writ granted in part and denied in part.

Elections - Tie vote broken by designate of Secretary of State - R.C. 111.04 - Reviewability of decision - R.C. 3501.11.

Public records - R.C. 149.43 does not require custodians to mail either copies of public records or the records themselves.

Habeas corpus not available to review issues of nonjurisdictional nature - No substitute for appeal.

Attorneys at law - Misconduct - Indefinite suspension - Engaging in illegal conduct involving moral turpitude - Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation .

Insurance - Underinsured motorist coverage - Wrongful death - Each person entitled to recover under R.C. 2125.02 has separate claim - Insurers may contractually preclude stacking of limits , when .

Public records - R.C. 149.43 does not require custodians to mail either copies of public records or the records themselves.

Attorneys at law - Misconduct - One-year suspension with six months suspended and two-year monitored probation after serving six months' actual suspension - Neglect of an entrusted legal matter .

Attorneys at law - Misconduct - Two-year suspension suspended on conditions - Neglecting an entrusted legal matter - Failing to carry out an employment contract.

Attorneys at law - Misconduct - Suspended one-year suspension with two years' monitored probation and restitution to clients - Neglecting an entrusted legal matter - Failing to assist in disciplinary investigation.

Criminal law - Mandamus to compel hearing on application for postconviction relief - Writ denied when adequate remedy by way of appeal exists.

Habeas corpus - Complaint dismissed when all available remedies in the trial court have not been exhausted.

Public records - Custodian of public records has no duty under R.C. 149.43(B) to transmit copies of those records by mail.

Criminal law - Minor misdemeanor may not serve as underlying predicate offense for purposes of involuntary manslaughter statute, R.C. 2903.04(B).

Criminal law - Minor misdemeanor may not serve as underlying predicate offense for purposes of involuntary manslaughter statute, R.C. 2903.04(B).

Attorneys at law - Misconduct - One-year suspension with final six months stayed and respondent placed on two-year probation with conditions - Conduct involving dishonesty, fraud, deceit or misrepresentation .

Elections - Vehicle for challenging a candidate's qualifications is a protest - Election contests may not be used as a vehicle for asserting an untimely protest.

Pleadings - R.C. 2309.01 is in conflict with Civ.R. 8(A) and is invalid and of no force and effect - Ohio Rules of Civil Procedure control over subsequently enacted inconsistent statutes purporting to govern procedural matters.

Attorneys at law - Conplaint against judge charged with violating Canon 3(A)(6) of the Code of Judicial Conduct dismissed, when - Supreme Court cannot discipline respondent for conduct the canon expressly authorizes.

Bank, upon death of a lifetime owner of a payable on death certificate of deposit which had been pledged as collateral for a loan, may take proceeds of the certificate in satisfaction of the debt, with only surplus going to the beneficiary .

Amercement of sheriff for improperly executing upon a horse located within the sheriff's jurisdiction is appropriate, when - R.C. 2707.01, applied.

Public records - Release of records pertaining to defendant's arrest and conviction for rape - Court errs in ordering release when it neither considers claims that certain records were exempt nor performs requisite in-camera inspection .

Criminal law - Aggravated murder conviction - Conviction affirmed but cause remanded to court of appeals, when.

Criminal law - Aggravated muder - Death penalty upheld, when.

Criminal law - When prior conviction affects only penalty and not degree of offense, prior conviction is not element of offense.

Criminal law - Trial court without jurisdiction to rule on motion for shock probation brought pursuant to R.C. 2947.061, when.

Pleadings - R.C. 2309.01 is in conflict with Civ.R. 8(A) and is invalid and of no force and effect - Ohio Rules of Civil Procedure control over subsequently enacted inconsistent statutes purporting to govern procedural matters.

Appeal dismissed as improvidently allowed.

Civil procedure - When litigant's affidavit in support of motion for summary judgment is inconsistent with his earlier deposition testimony, summary judgment in that party's favor is improper .

Civil procedure - Civ.R. 53 authorizes referees to preside over jury trials with consent of the parties. Civ.R. 53 authorizes referees to preside over jury trials with the consent of the parties.

Courts - Limitation of actions - Hospital negligence arising out of "care" of a patient is a "medical claim" within meaning of R.C. 2305.11(D)(3) and subject to period of limitations set forth in R.C. 2305.11(B)(1) .

Public records - R.C. 149.43 does not require custodians to mail either copies of public records or the records themselves.

Insurance - R.C. Chapter 3955 - Purpose of Ohio Insurance Guaranty Association Act - OIGA provides insurance coverage, when .

Criminal law - Aggravated murder - Death penalty upheld, when.

State Employment Relations Board - Exclusive jurisdiction to decide matters committed to it pursuant to R.C. Chapter 4117 .

Malpractice - Nurse under duty to keep attending physician informed of patient's condition - Nurse must perform competent nursing assessment of patient in order to fulfill duty to inform attending physician .

Casualty insurance - R.C. 3937.03 requires insurers to file every manual of classifications, rules and rates, every rating plan, and every modification thereof with the Superintendent of Insurance .

Public records - Trial preparation materials and investigatory work product from aggravated murder conviction case - Exempt from disclosure, when - R.C. 149.43, applied.

Criminal law - Actions permissible under Terry v. Ohio if police officer is unable to determine from pat-down search that suspect is not carrying a weapon.

Courts - Trial court has mandatory duty to collect and transmit court costs to the state in bond forfeiture cases .

Public records - Person may inspect and copy a public record irrespective of his or her purpose for doing so. A person may inspect and copy a public record, as defined in R.C. 149.43(A), irrespective of his or her purpose for doing so.

Criminal law - Sexual battery - High school teacher and coach not in loco parents with respect to his student athlete for purposes of R.C. 2907.03(A)(5) .

Motor vehicles - Liability insurance - Declaratory judgment action by injured person against tortfeasor's insurer - Judgment against insured not a prerequisite - R.C. 3929.06, construed.

Mandamus to compel access to public records relating to relator's arrest and investigation for aggravated murder - Writ denied when .

Statutes of limitations - Provision of R.C. 2305.10 regarding accrual date of cause of action for DES-related injuries is unconstitutional - Cause of action based upon DES exposure accrues, when.

Taxation - Sales tax - R.C. 5739.02 - Cylinders used to deliver industrial gases - Charges for retention of cylinders subject to tax, when.

Contracts - Rules of contract construction - Summary judgment improperly granted, when.

Workers' compensation - In adopting and affirming a regional board's order without citing conflicting evidence or evidence not relied on by the board, staff hearing officers are deemed to have adopted the evidence named by the board.

Public libraries - Allocation of county library support funds - Remand from Supreme Court to Board of Tax Appeals to determine what part of library's expendable fiduciary funds consisted of interest on revenues deposited to that account .

Appeal dismissed as improvidently allowed.

Workers' compensation - Rates of premium - New classification created for temporary help agencies invalidated by Supreme Court decision - Reimbursement of overpaid premiums .

Workers' compensation - Commission abuses its discretion in the method by which it determines claimant's impaired earning capacity, when .

Criminal law - Trial court's order granting shock probation reinstated by Supreme Court using its equitable powers.

Juvenile court - Before trial court may admit a hearsay statement by a child pursuant to R.C. 2151.35(F), it must consider the four factors set forth in R.C. 2151.35(F) and make a determination regarding each on the record. .

Contracts - Absent evidence of fraud or overreaching, a forum selection clause in commercial contract between business entities is valid and enforceable.

Public employment - Township zoning inspector not lawfully removed from office in accordance with R.C. 121.22 when public was deliberately locked out of meeting at which zoning inspector was removed from office.

Torts - Parents of a minor child who is injured by a third-party tortfeasor may recover damages in a derivative action for loss of filial consortium .

Appeal dismissed as improvidently allowed.

Arbitration - Labor unions - Arbitrator has broad authority in fashioning remedies for contractual violations he has found.

Motor vehicles - Driving while intoxicated - Ohio Adm.Code 3701-53-02(C)(2) does not require a new radio frequency interference survey when the breath testing device is moved for maintenance and repair .

Workers' compensation - Application for permanent total disability compensation denied when claimant found capable of sustained remunerative employment - Commission interpretation of nonmedical factors .

Appeal and cross-appeal dismissed as improvidently allowed.

Appellate procedure - Supreme Court jurisdiction - Certified conflict case - Dismissal of appeal when no conflict exists - Appeal dismissed as improvidently allowed, when.

Public improvements - Subcontractor's right to relief from property owner - Mechanic's lien - Relief precluded, when - Failure to comply with requirements of former R.C. 1311.26 .

Appeal dismissed as improvidently allowed.

Mandamus to compel Governor to consider request for a pardon without regard to the fact that petitioner stood convicted of a federal, and not a state, felony - Trial court issues peremptory writ - Governor fails to timely appeal, when.

Environmental law - Solid and hazardous wastes - R.C. 3734.10 expressly reserves rights of state, municipal corporation or person to bring an action to suppress nuisance against operator of solid waste disposal site .

Appeal dismissed as improvidently allowed.

Declaratory judgments - R.C. 2721.12 requires service of a copy of the proceeding on the Attorney General when a party challenges the constitutionality of a statute in a declaratory judgment action .

Sales - Nonconforming goods - Revocation of acceptance - R.C. 1302.66, applied.

Mining - Requirements of R.C. 1513.073(A)(2)(c) in determining unsuitability of lands for coal mining. .

Prohibition - Writ will not issue to prohibit trial court from rehearing voluntary manslaughter conviction reversed on appeal for denial of right to confront witnesses and remanded for a new trial, when.

Constitutional law - Akron Codified Ordinance 138.26 prohibiting loitering for the purpose of engaging in drug-related activity violates the federal and Ohio Due Process Clauses because it can only be interpreted as impermissibly vague or overbroad.

Appellate procedure - Supreme Court jurisdiction - Actual conflict between appellate districts on rule of law must exist before certification of conflict is proper .

Elections - Political communications must be identified - R.C. 3599.09 not violative of right to free speech guaranteed by First Amendment to United States Constitution and Section II, Article I of the Ohio Constitution.

Civil procedure - Language, "within the period provided by law for commencing the action," as used in Civ.R. 15(C), includes the time for service allowed by Civ.R. 3(A).

Criminal law - State can indict a defendant for murder after the court has accepted a negotiated guilty plea to a lesser offense and the victim later dies of the injuries sustained in the crime, when.

Taxation - Real property - Valuation - Utilizing income approach, five percent vacancy rate used by appraiser and accepted by Board of Tax Appeals is unreasonable when .

Attorneys at law - Misconduct - Suspended six-month suspension with conditions to be served consecutively to earlier imposed sanctions for actions treated as a continuation of an earlier disciplinary proceeding .

Torts - Cause of action exists in tort for interference with or destruction of evidence - Elements of claim for interference with or destruction of evidence .

Taxation - Valuation determination of land by Board of Tax Appeals not reasonable and lawful, when.

Insurance benefits - Provisions of R.C. 1339.63 as applied to contracts entered into before effective date of statute violate Section 28, Article II of the Ohio Constitution.

Execution against property - Notice only by publication to party to a foreclosure sale is insufficient to satisfy due process, when - R.C. 2329.26, construed. .

Attorneys at law - Misconduct - Permanent disbarment - Conviction for drug abuse - Conviction for possession of criminal tools - Serious involvement in drug activities.

Attorneys at law - Misconduct - Permanent disbarment - Conviction for drug abuse - Conviction for possession of criminal tools - Serious involvement in drug activities.

Appeal dismissed as improvidently allowed.

Civil procedure - Civ.R. 56 permits a motion for summary judgment "only with leave of court" and not as a matter of course, when - Civ.R. 12(B)(6) motion to dismiss does not require leave of court.

Taxation - Sales and use taxes - Exemption from sales tax for items used directly in rendition of public utility service - Private carrier company meets criteria for classification as a public utility, when.

Criminal law - Aggravated murder - Death penalty upheld, when.